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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Basic facts
A. On March 29, 2005, C Co., Ltd. (hereinafter “C”) entered into a contract for facility construction with the Sco Co., Ltd. (hereinafter “Sco”) on the condition that the construction cost of “D facility construction” was KRW 4.95 billion and the construction period was paid up to March 31, 2006, with the purpose of designing, manufacturing, selling facilities and equipment.
B. On July 18, 2005, C Company contracted to E Co., Ltd. (hereinafter “E”) with respect to machinery installation works among the above installation works that C received from E Co., Ltd. (hereinafter “E”) by E Co., Ltd., for the period of March 31, 2006, the construction price of KRW 383,90,000,000, and the construction period of the said construction works was determined and subcontracted by March 31, 2006.
다. 주식회사 F(이하 ‘F회사’이라 한다)은 토목건축공사업 등을 목적으로 하는 회사로서 2005. 8. 29. E회사으로부터 이 사건 본 공사에 관하여 공사대금 326,315,000원, 공사기간을 2006. 3. 31.까지로 정하여 일괄하여 재하도급을 받았고, F회사은 위 공사를 완료하여 E회사을 통하여 C회사에 인도하였다. 라.
C Company employees, G, the field director of the instant construction work, as seen above, confirmed the error in the design drawings in the test operation of machinery produced by the F Company upon completion of the construction work, G ordered the construction work to be remodeled by ordering work to H et al., who is an on-site official, and ordered the modification of the equipment to partly modify the equipment after the completion of the construction work (hereinafter “the instant additional modification work”). The F Company completed the construction work and delivered it to C Company.
E. The F Company refused the payment of the price for the instant Additional Works as above. The F Company asserts that the C Company and the F Company, the Director at the Site of the C Company, should make an oral direct subcontract, and that the payment should be made. The Gwangju District Court on April 27, 2007.